The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-06-24


conclusivey proven at the trial, where it
was stated by Pearce that he was forced to make
the confession by the Tolliverites, who threat
ened to take him to Mt Sterling the Martin
route" if he did not, and this meant certain
death.
The fourth man slain also a member Of
the Martin faction, and another deputy of Hum
phrey. As usual the accounts of either side are
widely at variance and both will be related
The females of the Martin family were witnesses
to the tragedy, and their story comes first The
Martin house, which was burned by the Toi-
vers. was a substantial two-story building, the
front portion of frame and the other of logs.
standing about thirty feet from the public road
Back or it a hill covered with dense underbrush
sloped to the height of couple of hundred
feet. On the other side. opposite the road, are
the stables and a few hundred yards off was the
residence of Richmond Tusse, the son-in-!aw Of
Ben Martin. The Chesapeake g. Ohio railroad
in front of the Martin house. not seventy
five yards oft To the northeast stretches
long narrow valley of level, fertile valley. On
the side of the burned house the framework for
new residence is now erected.
"Craig Tolliver and his gang came my
house early in the n orning. during my absence
at a funeral, after Cook Humphrey and Ben
Rayburn." said Mrs Martin. a woman of be-
tween sixty and seventy, she sat on the
porch of a log hut. During those days nobody
lived at our house except defenseless women.
Besides myself there were my two grown daugh-
tiers, Sue and Annie, my little daughter, Rena,
also my married daughter, Mrs Tusser, was at
my house the day Rayh burn was killed. My hus-
band had gone to Kansas. He had received sew
eral warnings that he would be killed if he
didn't go, and we women folks persuaded him to
leave, although he did not want to do NV
two sons. Will and Dave, had also been threat
ened, and they, too, had gone to Kansas.
1T was Sunday when the Tollivers came.
Cook Humphrey and Ben Raybnrn were at my
house They spent the night there. Cook was
In the habit of coming to our house, and the
children always treated him as brother The
Tollivers found out they were there, because
the night before Humphrey was afraid they
might want to kill him. and he slipped into
MOrehead Winchester. which
left there. They saw him, and the next day
they after him. They knew that there
somebody with him. but they did not find
out it was Rayburn until after they had killed
him. They hid in the bushes around the house.
In the party were Craig Toliver. Mark Keeton,
JEFF Bowling, Tom Allen Day, John Day, Boone
Day, Mich, Jim Ashley. Bob Messer, and others
whose names 1 did not know. Tolliver was town
marshal of Morehead. and claimed that he had
warrants for the arrest of Humphrey and Ray
burn on the charge of attempting to assassinate
Taylor Young but they never had any warrants
They watched the house and saw everything
that was going Rayburn helped my daugh-
ter Sue rob the bees that morning One of
them stung Rayburn and he made good deal
of fuss about it. Sue laughed at him, and told
him he made more fuss than if the entire Tolli-
yer gang was after him. Craig Tolliver heard
it all. for he afterward repeated to nv Laughter
the exact words of the conversation. Well. they
came in the yard and demanded that Humphrey
and Rayburn surrender. They asked them to
show their warrants, and, they could not,
they refused to surrender. Then the Toiliver
shoot Some of them got behind the stable.
over there.
According to Mrs Martins narrative Humphrey
and Rayburn took refuge in the second story.
Rayburn had no arms, but he secured revolver
in the house. Humphrey had Winchester rifle
and shotgun. The Tolivers were armed with
slipped into the yard and got inside the house
perceived. He creeping up the stairway
when Humphrey, discovering his presence,
seized the shotgun and discharged it into his
face. Tolliver fell back down the steps, and his
friends. rushing in. grasped him by the legs and
dragged him out of danger He was carried
siege He badly SCARED by the load of
shot discharged into mis- face, but quickly recov
cred
In the meantime the others continued the
siege. The half grown boy at work in a
field. He approached the house, and two shots
were fred at him. He off to the house
where mis- mother was and gave the alarm. She,
too. came to the house, and the besiegers allowed
her TO go in. The of the affair carried
to Morenead but nobody in this town of 800 in
habtants dared to go to the relief Sue Martin
the eldest daughter, made her escape out of the
house AS she got outside she was met by Craig
Tolliver. who, with his face still covered with
the blood from his wounds, threatened to kill
her if she dared to go to Morehead. She a
woman of spirit. and made dash through the
bushes with Tolliver in pursuit. He fired two
three shots at her, but she eluded him until
she came to ditch which had been cut in a
piece of low land. She lay down in this and
capped observation until nearly night. when she
went to town. where she Immediately ar
rested by others of the Tolliver faction and put
in Jail
In the afternoon the besiegers threatened to
set the house on fire if Humphrey and Ray burn
did not surrender. The latter decided to make
a break for life. It was then about o'clock in
the afternoon. and during the day several hun
dred shots had been fired. Trains loaded with
people had passed by in sight, and quite
Der Of persons had approached to interfere, but
had grown afraid and had gone back. Mrs.
Martin aided in the scheme for eccape. She
went out to the stable, where Tom Allen Day.
one of the best marksmen was ambushed, and
when he prepared to shoot at the fleeing men,
at the eastern door, leaped the yard fence and
dashed across the cornield toward the mountain
and the forest The entire band rushed forward
in pursuit. firing they went They rested
their guns the yard fence and took good aim.
The fugitives over hundred yards off,
when one of them fell 1t was Rayburn. Hum
phrey escaped into the bushes and hid. The
pursuers, knowing he was armed with Win
chester, were afraid to go in after him.
Humphrey says that he Law in the underground
and watched the crowd come up to Ray burns
body. They fired several shots into it,
and then robbed him and divided the money.
Humphrey saws he watched them all the time,
and had his Winchester cooked with his finger
the trigger. After taking Rayburns money
they went back to the house, leaving the body
where it fell.
But to return to Mrs Martins story She
says that the gang remained all around the
house, and after dark set 1T fire. Size put out
the blaze. but they ignited it again, and the
mouse
Martin and her daughters ran across the fields
into the woods. and were fred they rar, but
were not touched. All except one daughter
spent the night under a tree The daughter went
to town, was arrested, and put in Jail with her
sister.
The dead body of Rayburn lay where it had
fallen for thirty-six hours. Mrs. Martin built a
rail pen around it to keep the hogs from devour-
ing it. Monday evening it was taken to town
and placed in pine coffin in the courthouse.
That night $50 militia, under the command of
al. Maio e took
a bayonet and pried the lid off Rayburn's coffin.
The body afterward buried near town. Be-
for the militia arrived the Martin girls were
leased from jail There was no charge against
them.
After the militia arrived the Tolivers, Day,
etc. had their examining trial before Esquires
William Phillips and William Moore. Moore
was for holding them without bail, and Phillips
was for their acquittal. They retired to the
room the second floor for consultation When
they came down Moore gave his opinion. Phillips
at d